Just Now Receiving Ticket

NYS

I just received a letter to appear for a conference on 7/27/06 for a summons that I supposedly received in 1998. It goes on to say that "Your appearance in court, originally scheduled for 9/10/1999 at 9:00am has been rescheduled for 7/27/2006 at 9:45am.

I called and they told me that I probably did not show up for an appearance. My thing is that a) I never received an appearance ticket and if so, why did they wait until almost 6 years to contact me?

I am currently on SSDI and can barely pay my bills. What are my alternatives at this point?

runway123 said:

NYS

I just received a letter to appear for a conference on 7/27/06 for a summons that I supposedly received in 1998. It goes on to say that "Your appearance in court, originally scheduled for 9/10/1999 at 9:00am has been rescheduled for 7/27/2006 at 9:45am.

I called and they told me that I probably did not show up for an appearance. My thing is that a) I never received an appearance ticket and if so, why did they wait until almost 6 years to contact me?

I am currently on SSDI and can barely pay my bills. What are my alternatives at this point?

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Did you have a ticket issued around that time?

What happened with the outcome of that violation?

I honestly do not remember a ticket being served to me at that time. All of my tickets that I have received, I always appeared in court or paid the fine.

runway123 said:

I honestly do not remember a ticket being served to me at that time. All of my tickets that I have received, I always appeared in court or paid the fine.

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The only option you have is to appear in court or you will get into more trouble for FTA.

So go to court and find out what it is all about.

Request discovery of relevant documents (including the ticket itself). Call the court to find out whom to send this request to. It takes 30 days, so you should have enough time. This way, you will know what you are dealing with, and whether there are any mistakes on the ticket (like license number). Also, if you request you will get radar calibration, test and maintenance records, as well as officer's training record. All these are essential for prosecutor to show your guilt. If any of above are missing, you have a fighting chance. Finally, look up on the web (sorry, I cannot give links here), there is a site for a NYC lawyer with actual motion for dismissal in case when original ticket had a flaw, resulting in inability to respond properly to summons.

By law statutes, can they put the actual points on my license now (even though this was supposedly issued 5/10/98) as if the violation occurred just yesterday?

runway123 said:

By law statutes, can they put the actual points on my license now (even though this was supposedly issued 5/10/98) as if the violation occurred just yesterday?

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Yes. Treat it as if it happened yesterday.